Discuss the Bato Star Cae with reference to section 6(2)(h) of PAJA
The Bato Star case is a landmark case in South African administrative law that helps to define the requirements of procedural fairness when an administrative decision is taken. In this case, the court emphasized the importance of providing reasons for a decision, as required by section 6(2)(h) of the Promotion of Administrative Justice Act (PAJA).
Section 6(2)(h) of PAJA states that an administrator must give reasons for an administrative action, immediately if requested, and within a reasonable time if not requested. In the Bato Star case, the court found that the failure of the administrator to provide reasons for the decision was a breach of procedural fairness and rendered the decision invalid.
The court held that providing reasons is not just a procedural requirement, but also a substantive requirement that helps to ensure accountability and transparency in administrative decision-making. By providing reasons, the administrator allows the affected party to understand the basis for the decision and to challenge it if necessary.
In conclusion, the Bato Star case highlights the importance of providing reasons for administrative decisions in accordance with section 6(2)(h) of PAJA. Failure to provide reasons can lead to a decision being deemed invalid, and undermines the principle of procedural fairness in administrative law.